National
Report finds limited difficulty in lifting ‘Don’t Ask’
Gates urges Congress to repeal ban by year’s end


Defense Secretary Robert Gates has renewed his call for Congress to repeal "Don't Ask, Don't Tell" by the year's end. (Blade photo by Michael Key)
The Pentagon on Tuesday released its long-awaited “Don’t Ask, Don’t Tell” report — which found open service can be implemented in the armed forces with limited disruption to the military — as Defense Secretary Robert Gates renewed his call for Congress to repeal the gay ban by the year’s end.
“Now that we have completed this review, I strongly urge the Senate to pass this legislation and send it to the president for his signature before the end of this year,” Gates said during a news conference.
Gates continued that legislative repeal of “Don’t Ask, Don’t Tell” is a “matter of some urgency” because of pending litigation that could strike down the statute.
“It is only a matter of time before the federal courts are drawn once more into the fray with the very real possibility that this change would be imposed immediately by judicial fiat — by far the most disruptive and damaging scenario I can imagine,” Gates said.
Still, the defense secretary also said the military would need some time to prepare for open service even after Congress repeals the statute. Gates noted that pending legislation before Congress would end “Don’t Ask, Don’t Tell” only after he, the president and the chairman of the Joint Chiefs of Staff certify that the U.S. military is ready for repeal.
“I believe it would be unwise to push ahead with full implementation of repeal before more can be done to prepare the force — in particular, those ground combat specialties and units for what could be a disruptive and disorientating change,” Gates said.
Gates said he doesn’t know how long it would take for the U.S. military to make the changes necessary before he can certify that open service can happen in the military. Still, Gates said if Congress enacts repeal, President Obama would be “watching very closely that we don’t dawdle or try to slow-ball this.”
“I think his expectation would be that we prepare as quickly as we properly and comprehensively could, and then we’d be in a position to move toward certification,” Gates said. “But how long it would take, I don’t know.”
For the first time, Gates also expressed his personal opposition to “Don’t Ask, Don’t Tell” because the law comprises the integrity of gay service members.
“One of the things that is most important to me is personal integrity,” Gates said. “A policy or a law that in effect requires people to lie gives me a problem.”
Majority of troops don’t care about gays in military
The defense secretary made his remarks as part of his endorsement of the Pentagon report, which found little potential disruption in lifting the military’s gay ban should Congress repeal “Don’t Ask, Don’t Tell.”
Gates said the findings of the report “reflect nearly ten months of research and analysis along several lines of study” and “represent the most thorough and objective review ever of this difficult policy issue and its impact on the American military.”
Chairman of the Joint Chiefs Adm. Mike Mullen, who also took part in the news conference, said he also fully backs the report. Mullen has already testified before the Senate that supports open service in the U.S. military.
“For the first time, the chiefs and I have more than just anecdotal evidence and hearsay to inform the advice we give our civilian leaders,” Mullen said.
In the executive summary for the 256-page report, the “Don’t Ask, Don’t Tell” working group co-chairs Jeh Johnson, the Pentagon’s general counsel, and Army Gen. Carter Ham, commander of U.S. Army Europe, write that based on their findings, the risk of repeal “to overall military effectiveness is low.”
“We conclude that, while a repeal of Don’t Ask, Don’t Tell will likely, in the short term, bring about some limited and isolated disruption to unit cohesion and retention, we do not believe this disruption will be widespread or long-lasting, and can be adequately addressed by the recommendations we offer below,” Johnson and Ham write.
The report includes the results of a survey sent to 400,000 service members over the summer to solicit their views of gays serving openly in the military. According to the report, more than 115,000 of the surveys, or about 28 percent, were returned.
As earlier reported in November by the Washington Post, 70 percent of service members said alongside an openly gay person would have positive, mixed or no effect on their unit’s ability to get the job done.
The survey also found that 69 percent of respondents believe they have served alongside someone they believed to be gay. Of these respondents, 92 percent said their unit’s ability to work together was either very good, good or neither good nor poor.
Still, the survey found a significant minority who predicted negative consequences as a result of repeal — most notably in the Marine Corps.
While 30 percent of survey respondents overall had negative views on open service, around 40 to 60 percent of respondents in the Marine Corps and others in various combat arms specialties expressed concerns about serving alongside openly gay people.
During the briefing, Gates said this discontent with repeal among these groups has made the service chiefs of the Army, Air Force, Navy and Marine Corps “less sanguine” about the prospects on open service. Each of these service chiefs were set to testify on Friday before the Senate on the views on the report.
Still, Gates said the views on the combat troops on implementing open service “do not present an insurmountable barrier” to repeal of “Don’t Ask, Don’t Tell.”
“However, these findings do lead me to conclude that an abundance of care and preparation is required if we are to avoid a disruptive and potentially dangerous impact on the performance of those serving at the tip of the spear in America’s wars,” Gates said.
Implementing open service
Accompanying the larger report is an 87-page support plan to guide implementation of open service in the U.S. military. The guide emphasizes that the key implementation message for successful repeal is “leadership-professionalism-respect.”
For leadership, the guide states that leaders in the chain of command must set the example for open service. For professionalism, the guide advises leaders to remind service members of their obligations and oath to defend the U.S. Constitution. For respect, the guide states that unit strength derives from treating other service members with respect.
The report also notably states the building separate rooming quarters for gay and straight service members won’t be appropriate for implementing open service.
“Building separate facilities would create divisions within units and inappropriately isolate a portion of the force,” the support plan states.
In March, former Marine Corps Commandant Gen. James Conway has raised the idea of separate quarters when he said they might be necessary in his service as a result of open service. The Marine Corps is unique among other services because Marines bunk together on base in the same room.
Despite the recommendation against building separate quarters, Johnson said during the Tuesday news conference that commanding officers may be able to make different housing arrangements from service members as result of open service in some circumstances.
“We’re noting that commanders should retain the discretion on an individualized case-by-case basis to address concerns, particular concerns about privacy,” Johnson said. “And this is discretion they have right now. If a service member has a particular concern about an issue with privacy or can’t get along with someone with whom he’s been assigned a room, a commander has discretion to deal with that.”
The guide also makes recommendations for partner benefits for gays serving in the military. Ham said if “Don’t Ask, Don’t Tell” is repealed, the U.S. military would only to continue to observe federally recognized marriages, which would be in accordance with the Defense of Marriage Act.
Still, Ham said a repeal of “Don’t Ask, Don’t Tell” would mean the same-sex partners of service members would be entitled to hospital visitation rights and death benefits.
“With regard to the hospital visits and death gratuities and the like, if the law is repealed, then we believe that are a number of benefits to which servicemembers are entitled that are servicemember-designated,” Ham said. “And we believe that the examples that you offer would likely fall into that category.”
Federal Government
Treasury Department has a gay secretary but LGBTQ staff are under siege
Agency reverses course on LGBTQ inclusion under out Secretary Scott Bessent

A former Treasury Department employee who led the agency’s LGBTQ employee resource group says the removal of sexual orientation and gender identity (SOGI) from its discrimination complaint forms was merely a formalization of existing policy shifts that had already taken hold following the second inauguration of President Donald Trump and his appointment of Scott Bessent — who is gay — to lead the agency.
Christen Boas Hayes, who served on the policy team at Treasury’s Financial Crimes Enforcement Network (FinCEN) from 2020 until March of this year, told the Washington Blade during a phone interview last week that the agency had already stopped processing internal Equal Employment Opportunity (EEO) complaints on the basis of anti-LGBTQ discrimination.
“So the way that the forms are changing is a procedural recognition of something that’s already happening,” said Hayes. “Internally, from speaking to two EEO staff members, the changes are already taking place from an EEO perspective on what kind of cases will be found to have the basis for a complaint.”
The move, they said, comes amid the deterioration of support structures for LGBTQ workers at the agency since the administration’s early rollout of anti-LGBTQ executive orders, which led to “a trickle down effect of how each agency implements those and on what timeline,” decisions “typically made by the assistant secretary of management’s office and then implemented by the appropriate offices.”
At the end of June, a group of U.S. House Democrats including several out LGBTQ members raised alarms after a Federal Register notice disclosed Treasury’s plans to revise its complaint procedures. Through the agency’s Office of Civil Rights and EEO, the agency would eliminate SOGI as protected categories on the forms used by employees to initiate claims of workplace discrimination.
But Hayes’s account reveals that the paperwork change followed months of internal practice, pursuant to a wave of layoffs targeting DEI personnel and a chilling effect on LGBTQ organizing, including through ERGs.
Hayes joined Treasury’s FinCEN in 2020 as the agency transitioned into the Biden-Harris administration, working primarily on cryptocurrency regulation and emerging technologies until they accepted a “deferred resignation” offer, which was extended to civil servants this year amid drastic staffing cuts.
“It was two things,” Hayes said. “One was the fact that the policy work that I was very excited about doing was going to change in nature significantly. The second part was that the environment for LGBTQ staff members was increasingly negative after the release of the executive orders,” especially for trans and nonbinary or gender diverse employees.
“At the same time,” Hayes added, “having been on the job for four years, I also knew this year was the year that I would leave Treasury. I was a good candidate for [deferred resignation], because I was already planning on leaving, but the pressures that emerged following the change in administration really pushed me to accelerate that timeline.”
Some ERGs die by formal edict, others by a thousand cuts
Hayes became involved with the Treasury LGBTQ ERG shortly after joining the agency in 2020, when they reached out to the group’s then-president — “who also recently took the deferred resignation.”
“She said that because of the pressure that ERGs had faced under the first Trump administration, the group was rebuilding, and I became the president of the group pretty quickly,” Hayes said. “Those pressures have increased in the second Trump administration.”
One of the previous ERG board members had left the agency after encountering what Hayes described as “explicitly transphobic” treatment from supervisors during his gender transition. “His supervisors denied him a promotion,” and, “importantly, he did not have faith in the EEO complaint process” to see the issues with discrimination resolved, Hayes said. “And so he decided to just leave, which was, of course, such a loss for Treasury and our Employee Resource Group and all of our employees at Treasury.”
The umbrella LGBTQ ERG that Hayes led included hundreds of members across the agency, they said, and was complemented by smaller ERGs at sub-agencies like the IRS and FinCEN — several of which, Hayes said, were explicitly told to cease operations under the new administration.
Hayes did not receive any formal directive to shutter Treasury’s ERG, but described an “implicit” messaging campaign meant to shut down the group’s activities without issuing anything in writing.
“The suggestion was to stop emailing about anything related to the employee resource group, to have meetings outside of work hours, to meet off of Treasury’s campus, and things like that,” they said. “So obviously that contributes to essentially not existing functionally. Because whereas we could have previously emailed our members comfortably to announce a happy hour or a training or something like that, now they have to text each other personally to gather, which essentially makes it a defunct group.”
Internal directories scrubbed, gender-neutral restrooms removed
Hayes said the dismantling of DEI staff began almost immediately after the executive orders. Employees whose position descriptions included the terms “diversity, equity, and inclusion” were “on the chopping block,” they said. “That may differ from more statutorily mandated positions in the OMWI office or the EEO office.”
With those staff gone, so went the infrastructure that enabled ERG programming and community-building. “The people that made our employee resource group events possible were DEI staff that were fired. And so, it created an immediate chilling effect on our employee resource group, and it also, of course, put fear into a lot of our members’ hearts over whether or not we would be able to continue gathering as a community or supporting employees in a more practical way going forward. And it was just, really — it was really sad.”
Hayes described efforts to erase the ERGs from internal communication channels and databases. “They also took our information off internal websites so nobody could find us as lawyers went through the agency’s internal systems to scrub DEI language and programs,” they said.
Within a week, Hayes said, the administration had removed gender-neutral restrooms from Main Treasury, removed third-gender markers from internal databases and forms, and made it more difficult for employees with nonbinary IDs to access government buildings.
“[They] made it challenging for people with X gender markers on identification documents to access Treasury or the White House by not recognizing their gender marker on the TWAVES and WAVES forms.”
LGBTQ staff lack support and work amid a climate of isolation
The changes have left many LGBTQ staff feeling vulnerable — not only because of diminished workplace inclusion, but due to concerns about job security amid the administration’s reductions in force (RIFs).
“Plenty of people are feeling very stressed, not only about retaining their jobs because of the layoffs and pending questions around RIFs, but then also wondering if they will be included in RIF lists because they’re being penalized somehow for being out at work,” Hayes said. “People wonder if their name will be given, not because they’re in a tranche of billets being laid off, but because of their gender identity or sexual orientation.”
In the absence of functional ERGs, Hayes said, LGBTQ employees have been cut off from even informal networks of support.
“Employees [are] feeling like it’s harder to find members of their own community because there’s no email anymore to ask when the next event is or to ask about navigating healthcare or other questions,” they said. “If there is no ERG to go to to ask for support for their specific issue, that contributes to isolation, which contributes to a worse work environment.”
Hayes said they had not interacted directly with Secretary Bessent, but they and others observed a shift from the previous administration. “It is stark to see that our first ‘out’ secretary did not host a Pride event this year,” they said. “For the last three years we’ve flown the rainbow Pride flag above Treasury during Pride. And it was such a celebration among staff and Secretary Yellen and the executive secretary’s office were super supportive.”
“Employees notice changes like that,” they added. “Things like the fact that the Secretary’s official bio says ‘spouse’ instead of ‘husband.’ It makes employees wonder if they too should be fearful of being their full selves at work.”
The Blade contacted the Treasury Department with a request for comment outlining Hayes’s allegations, including the removal of inclusive infrastructure, the discouragement of ERG activity, the pre-formalization of EEO policy changes, and the targeting of DEI personnel. As of publication, the agency has not responded.
U.S. Supreme Court
Supreme Court to consider bans on trans athletes in school sports
27 states have passed laws limiting participation in athletics programs

The U.S. Supreme Court on Thursday agreed to hear two cases involving transgender youth challenging bans prohibiting them from participating in school sports.
In Little v. Hecox, plaintiffs represented by the ACLU, Legal Voice, and the law firm Cooley are challenging Idaho’s 2020 ban, which requires sex testing to adjudicate questions of an athlete’s eligibility.
The 9th U.S. Circuit Court of Appeals described the process in a 2023 decision halting the policy’s enforcement pending an outcome in the litigation. The “sex dispute verification process, whereby any individual can ‘dispute’ the sex of any female student athlete in the state of Idaho,” the court wrote, would “require her to undergo intrusive medical procedures to verify her sex, including gynecological exams.”
In West Virginia v. B.P.J., Lambda Legal, the ACLU, the ACLU of West Virginia, and Cooley are representing a trans middle school student challenging the Mountain State’s 2021 ban on trans athletes.
The plaintiff was participating in cross country when the law was passed, taking puberty blockers that would have significantly reduced the chances that she could have a physiological advantage over cisgender peers.
“Like any other educational program, school athletic programs should be accessible for everyone regardless of their sex or transgender status,” said Joshua Block, senior counsel for the ACLU’s LGBTQ and HIV Project. “Trans kids play sports for the same reasons their peers do — to learn perseverance, dedication, teamwork, and to simply have fun with their friends,” Block said.
He added, “Categorically excluding kids from school sports just because they are transgender will only make our schools less safe and more hurtful places for all youth. We believe the lower courts were right to block these discriminatory laws, and we will continue to defend the freedom of all kids to play.”
“Our client just wants to play sports with her friends and peers,” said Lambda Legal Senior Counsel Tara Borelli. “Everyone understands the value of participating in team athletics, for fitness, leadership, socialization, and myriad other benefits.”
Borelli continued, “The U.S. Court of Appeals for the Fourth Circuit last April issued a thoughtful and thorough ruling allowing B.P.J. to continue participating in track events. That well-reasoned decision should stand the test of time, and we stand ready to defend it.”
Shortly after taking control of both legislative chambers, Republican members of Congress tried — unsuccessfully — to pass a national ban like those now enforced in 27 states since 2020.
Federal Government
UPenn erases Lia Thomas’s records as part of settlement with White House
University agreed to ban trans women from women’s sports teams

In a settlement with the Trump-Vance administration announced on Tuesday, the University of Pennsylvania will ban transgender athletes from competing and erase swimming records set by transgender former student Lia Thomas.
The U.S. Department of Education’s Office for Civil Rights found the university in violation of Title IX, the federal rights law barring sex based discrimination in educational institutions, by “permitting males to compete in women’s intercollegiate athletics and to occupy women-only intimate facilities.”
The statement issued by University of Pennsylvania President J. Larry Jameson highlighted how the law’s interpretation was changed substantially under President Donald Trump’s second term.
“The Department of Education OCR investigated the participation of one transgender athlete on the women’s swimming team three years ago, during the 2021-2022 swim season,” he wrote. “At that time, Penn was in compliance with NCAA eligibility rules and Title IX as then interpreted.”
Jameson continued, “Penn has always followed — and continues to follow — Title IX and the applicable policy of the NCAA regarding transgender athletes. NCAA eligibility rules changed in February 2025 with Executive Orders 14168 and 14201 and Penn will continue to adhere to these new rules.”
Writing that “we acknowledge that some student-athletes were disadvantaged by these rules” in place while Thomas was allowed to compete, the university president added, “We recognize this and will apologize to those who experienced a competitive disadvantage or experienced anxiety because of the policies in effect at the time.”
“Today’s resolution agreement with UPenn is yet another example of the Trump effect in action,” Education Secretary Linda McMahon said in a statement. “Thanks to the leadership of President Trump, UPenn has agreed both to apologize for its past Title IX violations and to ensure that women’s sports are protected at the university for future generations of female athletes.”
Under former President Joe Biden, the department’s Office of Civil Rights sought to protect against anti-LGBTQ discrimination in education, bringing investigations and enforcement actions in cases where school officials might, for example, require trans students to use restrooms and facilities consistent with their birth sex or fail to respond to peer harassment over their gender identity.
Much of the legal reasoning behind the Biden-Harris administration’s positions extended from the 2020 U.S. Supreme Court case Bostock v. Clayton County, which found that sex-based discrimination includes that which is based on sexual orientation or gender identity under Title VII rules covering employment practices.
The Trump-Vance administration last week put the state of California on notice that its trans athlete policies were, or once were, in violation of Title IX, which comes amid the ongoing battle with Maine over the same issue.
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